News & Analysis as of

Price-Fixing Federal Trade Commission

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

by K&L Gates LLP on

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

Joint FTC / DOJ Guidance: Hurricanes Harvey and Irma

by McDermott Will & Emery on

Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma. The Antitrust Division...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System...more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

by Kelley Drye & Warren LLP on

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more

THE LATEST: DOJ Price-Fixing Probe Demonstrates That Deal Risk Is Not the Only Antitrust Concern Merging Parties Should Keep in...

by McDermott Will & Emery on

Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States...more

DOJ’s Antitrust Fashion Show - Awaiting a price-fixing investigation in the U.S. modeling industry?

As the United Kingdom’s Competition and Markets Authority (CMA), Italy’s Autorità Garante della Concorrenza e del Mercato and France’s Autorité de la Concurrence are wrapping up their prosecutions of Europe’s top modeling...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

by Foley & Lardner LLP on

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

Dentons' pick of global regulatory trends to watch in 2017 - Competition/antitrust law

by Dentons on

Focus on the US - In the wake of the 2016 elections, we now await the decision as to who will be the "antitrust guard" at the top of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC). At the...more

Federal Agencies: Personnel-Related Agreements with Competitors Likely Violate Anti-Trust Law

by Faegre Baker Daniels on

A recent “Guidance for HR Professionals” jointly issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC) highlights that arrangements between competing businesses designed to limit competition in...more

Supreme Court to Consider Whether Allegations of Adherence to a Business Association’s Rules Can Trigger Antitrust Liability

by Miles & Stockbridge P.C. on

Can participation in a business or trade association and allegiance to its rules trigger antitrust liability for association members under the Sherman Act? Next term, the Supreme Court will hear Osborn v. Visa Inc., the...more

August Antitrust Bulletin

by McGuireWoods LLP on

Activist Investor Settles DOJ Premerger Notification Case for Record $11 Million - On July 12, 2016, the U.S. Department of Justice (DOJ) announced that it had reached a settlement in its landmark lawsuit against...more

July Antitrust Bulletin

by McGuireWoods LLP on

FTC Raises Civil Penalty Maximums - On June 29, 2016, the Federal Trade Commission (FTC) adjusted the maximum civil penalties for violations of 16 provisions, including the premerger filing notification violation...more

Spring Update: Insights Regarding The Antitrust Division’s Recent Activity

The Antitrust Division recently issued its 2016 annual spring update. Taking advantage of modern technology, Bill Baer—now the Acting Associate Attorney General serving in the DOJ’s third-highest ranking...more

May Antitrust Bulletin

by McGuireWoods LLP on

FTC, DOJ Issue Statement on Preserving Competition in the Defense Industry - On April 12, 2016, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division issued a joint statement...more

Soda bottler has bitter taste from alleged Pepsi price-fixing

A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more

Competition/antitrust law

by Dentons on

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

February Antitrust Bulletin

by McGuireWoods LLP on

“Comprehensive and Innovative” Antitrust Compliance Policy Results in Reduced Fine - On November 2, 2015, the U.S. District Court for the Southern District of Ohio entered judgment against Kayaba Industry Co., Ltd....more

"Global Antitrust Enforcement in the Digital Age: Recent Developments in E-Commerce"

Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more

Alert: Top 10 Antitrust Developments and Trends to Watch in 2016

by Cooley LLP on

Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more

Pricing Algorithms and the Digital “Smoke-Filled Room”

On December 3, 2015, the DOJ unsealed an indictment against Daniel William Aston and his company, Trod Ltd. (doing business as Buy 4 Less, Buy For Less, and Buy-For-Less-Online), for conspiring with third-party sellers to fix...more

October Antitrust Bulletin

by McGuireWoods LLP on

On September 8, the U.S. Court of Appeals for the Seventh Circuit granted a motion filed by household products manufacturer Clorox for interlocutory appeal of two decisions by the U.S. District Court for the Western District...more

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

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